Text of MD HB 93 (2025)

Housing and Community Development - Homeless Shelter Certification Program - Establishment

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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0093* HOUSE BILL 93 C9 5lr0136 SB 1107/24 – EEE (PRE–FILED) CF SB 234 By: Chair, Environment and Transportation Committee (By Request – Departmental – Housing and Community Development) Requested: October 4, 2024 Introduced and read first time: January 8, 2025 Assigned to: Environment and Transportation A BILL ENTITLED AN ACT concerning 1 Housing and Community Development – Homeless Shelter Certification 2 Program – Establishment 3 FOR the purpose of establishing a homeless shelter certification program in the 4 Department of Housing and Community Development; requiring the Department to 5 develop certain operational and building standards for homeless shelters and 6 minimum standards for the protection of the rights of shelter residents; requiring 7 the operator of a homeless shelter to participate in a certain Homeless Management 8 Information System; and generally relating to the certification of homeless shelters. 9 BY adding to 10 Article – Housing and Community Development 11 Section 6–1401 through 6–1408 to be under the new subtitle “Subtitle 14. Homeless 12 Shelter Certification Program” 13 Annotated Code of Maryland 14 (2019 Replacement Volume and 2024 Supplement) 15 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 That the Laws of Maryland read as follows: 17 Article – Housing and Community Development 18 SUBTITLE 14. HOMELESS SHELTER CERTIFICATION PROGRAM. 19 6–1401. 20 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 21 INDICATED. 22 2 HOUSE BILL 93 (B) “CENTRALIZED OR COORDINATED ASSESSMENT SYSTEM” MEANS A 1 CENTRALIZED OR COORDINATED PROCESS, OPERATED BY A CONTINUUM OF CARE, 2 DESIGNED TO COORDINATE PROGRAM PARTICIPANT INTAKE ASSESSMENT AND 3 PROVISION OF REFERRALS. 4 (C) “CERTIFICATION” MEANS A HOMELESS SHELTER CERTIFICATION 5 ISSUED BY THE DEPARTMENT UNDER THIS SUBTITLE. 6 (D) “CONTINUUM OF CARE” MEANS A REGIONAL OR LOCAL PLANNING BODY 7 THAT COORDINATES HOUSING AND SERVICES FUNDING FOR HOMELESS FAMILIES 8 AND INDIVIDUALS. 9 (E) “GENDER IDENTITY” MEANS THE GENDER WITH WHICH AN INDIVIDUAL 10 IDENTIFIES, REGARDLESS OF THE GENDER ASSIGNED TO THAT INDIVIDUAL AT 11 BIRTH OR IDENTIFIED IN DOCUMENTS. 12 (F) “HOMELESS INDIVIDUAL” HAS THE MEANING STATED IN 24 U.S.C. § 13 11302. 14 (G) “HOMELESS MANAGEMENT INFORMATION SYSTEM” MEANS THE 15 INFORMATION SYSTEM DESIGNATED BY A CONTINUUM OF CARE TO COMPLY WITH 16 THE RELEVANT REQUIREMENTS PRESCRIBED BY THE U.S. DEPARTMENT OF 17 HOUSING AND URBAN DEVELOPMENT. 18 (H) (1) “HOMELESS SHELTER” MEANS A FACILITY THAT IS OPERATED 19 FOR THE PRIMARY PURPOSE OF PROVIDING TEMPORARY OVERNIGHT SLEEPING 20 ACCOMMODATIONS, MEALS, BASIC NEEDS ASSISTANCE, AND SUPPORTIVE SERVICES 21 FOR CASE MANAGEMENT AND HOUSING NAVIGATION TO HOMELESS INDIVIDUALS. 22 (2) “HOMELESS SHELTER” INCLUDES FACILITIES THAT UTILIZE 23 HOTELS OR MOTELS FOR SLEEPING ACCOMMODATIONS. 24 (3) “HOMELESS SHELTER” DOES NOT INCLUDE: 25 (I) A SHELTER CREATED OR AUTHORIZED BY A STATE OR 26 LOCAL GOVERNMENTAL ENTITY TO RESPOND TO A DISASTER OR OTHER 27 LARGE–SCALE EMERGENCY SHELTER NEEDS; OR 28 (II) A FACILITY OR PROGRAM WHERE THE PARTICIPANT SIGNS 29 A LEASE OR LEGAL AGREEMENT FOR A RENTAL UNIT OR PAYS RENT FOR THE USE OF 30 THE FACILITY. 31 HOUSE BILL 93 3 (I) “SEXUAL ORIENTATION” MEANS AN INDIVIDUAL’S EMOTIONAL, 1 ROMANTIC, OR PHYSICAL ATTRACTION TO A PARTICULAR SEX OR GENDER. 2 (J) “SHELTER RESIDENT” MEANS AN INDIVIDUAL WHO HAS COMPLETED 3 INTAKE PROCEDURES AND IS OR WILL BE RESIDING AT A HOMELESS SHELTER. 4 6–1402. 5 (A) THE DEPARTMENT SHALL OPERATE A CERTIFICATION PROGRAM FOR 6 HOMELESS SHELTERS. 7 (B) A BUILDING MAY NOT BE USED AS A HOMELESS SHELTER UNLESS THE 8 OWNER AND ANY OPERATOR HAVE BEEN CERTIFIED IN ACCORDANCE WITH THIS 9 SUBTITLE. 10 (C) AN OWNER AND ANY OPERATOR OF A HOMELESS SHELTER SHALL APPLY 11 TO THE DEPARTMENT FOR A CERTIFICATION TO USE A BUILDING AS A HOMELESS 12 SHELTER ON A FORM THAT THE DEPARTMENT PROVIDES. 13 (D) ON REQUEST OF THE DEPARTMENT, A CERTIFICATION HOLDER SHALL 14 ALLOW THE DEPARTMENT IMMEDIATE ACCESS TO INSPECT THE PREMISES AND 15 INTERIOR OF A BUILDING USED AS A HOMELESS SHELTER, BOTH FOR ROUTINE 16 MONITORING AND UNSCHEDULED INSPECTIONS. 17 (E) CERTIFICATION HOLDERS ARE SUBJECT TO A RECERTIFICATION 18 PROCESS EVERY 2 YEARS, IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE 19 DEPARTMENT. 20 6–1403. 21 AN APPLICATION FOR A CERTIFICATION SHALL INCLUDE: 22 (1) A DEMONSTRATION OF ADHERENCE BY THE OWNER AND ANY 23 OPERATOR OF THE HOMELESS SHELTER TO THE OPERATIONAL AND BUILDING 24 STANDARDS ADOPTED BY THE DEPARTMENT UNDER § 6–1404 OF THIS SUBTITLE; 25 AND 26 (2) ANY OTHER DOCUMENTATION OR INFORMATION REQUIRED BY 27 THE DEPARTMENT IN REGULATION. 28 6–1404. 29 4 HOUSE BILL 93 (A) THE DEPARTMENT SHALL ESTABLISH BY REGULATION A TIERED 1 SYSTEM FOR HOMELESS SHELTER CERTIFICATIONS BASED ON: 2 (1) THE NUMBER OF INDIVIDUALS BEING SERVED BY THE SHELTER; 3 (2) THE TYPE AND DURATION OF SHELTER PROVIDED; AND 4 (3) THE TYPE AND INTENSITY OF SERVICES PROVIDED. 5 (B) THE DEPARTMENT SHALL ADOPT REGULATIONS TO ESTABLISH 6 OPERATIONAL STANDARDS AND MINIMUM REQUIREMENTS FOR EACH HOMELESS 7 SHELTER CERTIFICATION CLASS THAT MAY INCLUDE: 8 (1) ORGANIZATIONAL, INCORPORATION, AND GOVERNANCE 9 DOCUMENTS; 10 (2) FISCAL, ADMINISTRATIVE, AND LEGAL DOCUMENTS; 11 (3) STAFFING REQUIREMENTS; 12 (4) PROCEDURES FOR SCREENING AND TRAINING STAFF AND 13 VOLUNTEERS; 14 (5) SHELTER RESIDENT INFORMATION COLLECTION AND TRACKING; 15 (6) ADMISSIONS, DISCHARGE, AND GRIEVANCE POLICIES AND 16 PROCEDURES; 17 (7) PROTECTION OF THE RIGHTS OF SHELTER RESIDENTS; 18 (8) PROTECTION OF SHELTER RESIDENT PRIVACY AND 19 CONFIDENTIALITY; 20 (9) PROTECTIONS AND SAFETY PROTOCOLS FOR INDIVIDUALS WHO 21 ARE SURVIVORS OF: 22 (I) DOMESTIC VIOLENCE; 23 (II) DATING VIOLENCE; 24 (III) SEXUAL ASSAULT; OR 25 (IV) STALKING; 26 HOUSE BILL 93 5 (10) ACCESS TO SUPPORTIVE SERVICES; 1 (11) VISITATION BY GUESTS AND EXTERNAL SERVICE PROVIDERS; 2 (12) RULES AND REGULATIONS THAT RESIDENTS MUST COMPLY WITH; 3 (13) EMERGENCY PROCEDURES; 4 (14) HEALTH AND SAFETY POLICIES AND PROCEDURES; 5 (15) NONDISCRIMINATION POLICIES AND PROCEDURES; 6 (16) THE MINIMUM SQUARE FOOTAGE PER BED; 7 (17) ACCESS TO SECURE STORAGE; 8 (18) FIRE PREVENTION MEASURES; 9 (19) HEATING AND COOLING SYSTEMS; 10 (20) STRUCTURAL MATERIAL AND BUILDING REQUIREMENTS; 11 (21) ACCESSIBILITY FOR DISABLED INDIVIDUALS; 12 (22) SANITARY AND PERSONAL HYGIENE FACILITIES; 13 (23) WATER SUPPLY; 14 (24) ILLUMINATION AND ELECTRICITY SYSTEMS; 15 (25) FOOD PREPARATION FACILITIES AND AREAS; 16 (26) LEAD–BASED PAINT AND ASBESTOS; 17 (27) PROVISIONS FOR: 18 (I) PREGNANT INDIVIDUALS; 19 (II) NURSING INDIVIDUALS; 20 (III) INFANTS; AND 21 6 HOUSE BILL 93 (IV) CHILDREN; 1 (28) COMPLIANCE WITH LOCAL BUILDING AND PROPERTY 2 MAINTENANCE CODES, WHERE APPLICABLE; 3 (29) COMPLIANCE WITH: 4 (I) THE FEDERAL AMERICANS WITH DISABILITIES ACT; 5 (II) THE FEDERAL FAIR HOUSING ACT; AND 6 (III) OTHER APPLICABLE FEDERAL LAWS; AND 7 (30) LIABILITY INSURANCE COVERAGE. 8 (C) THE DEPARTMENT SHALL DEVELOP AND PUBLISH A SHELTER 9 RESIDENT BILL OF RIGHTS ESTABLISHING MINIMUM STANDARDS FOR THE 10 PROTECTION OF THE RIGHTS OF SHELTER RESIDENTS. 11 (D) THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A GRIEVANCE 12 PROCESS FOR HOMELESS INDIVIDUALS AND SHELTER RESIDENTS TO NOTIFY THE 13 DEPARTMENT OF ALLEGED VIOLATIONS OF THIS SUBTITLE OR REGULATIONS 14 ESTABLISHED UNDER THIS SUBTITLE. 15 (E) THE DEPARTMENT MAY: 16 (1) DEVELOP TRAININGS AND TECHNICAL ASSISTANCE FOR 17 HOMELESS SHELTERS ON OPERATIONAL STANDARDS DEVELOPED UNDER THIS 18 SUBTITLE; AND 19 (2) REQUIRE ORGANIZATIONS THAT OWN AND OPERATE HOMELESS 20 SHELTERS TO COMPLETE TRAININGS. 21 6–1405. 22 (A) AN OPERATOR OF A HOMELESS SHELTER SHALL PARTICIPATE IN THE 23 HOMELESS MANAGEMENT INFORMATION SYSTEM OPERATED BY THE LOCAL 24 CONTINUUM OF CARE. 25 (B) AN OPERATOR OF A HOMELESS SHELTER SHALL ENTER SHELTER 26 RESIDENT INTAKE AND EXIT ASSESSMENTS INTO THE HOMELESS MANAGEMENT 27 INFORMATION SYSTEM FOR EACH RESIDENT WHO CONSENTS TO SHARE THIS 28 INFORMATION. 29 HOUSE BILL 93 7 (C) AN OPERATOR OF A HOMELESS SHELTER SHALL PARTICIPATE IN THE 1 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEM OPERATED AND 2 ADMINISTERED BY THE LOCAL CONTINUUM OF CARE. 3 (D) AN OPERATOR OF A HOMELESS SHELTER MAY NOT DENY ADMISSION OR 4 SERVICES TO ANY HOMELESS INDIVIDUAL BECAUSE OF THE INDIVIDUAL’S: 5 (1) RACE; 6 (2) COLOR; 7 (3) RELIGION; 8 (4) NATIONAL ORIGIN; 9 (5) SEX; 10 (6) DISABILITY STATUS; 11 (7) MARITAL STATUS; 12 (8) FAMILIAL STATUS; 13 (9) SEXUAL ORIENTATION; 14 (10) GENDER IDENTITY; 15 (11) AGE; 16 (12) CRIMINAL HISTORY, EXCEPT AN INDIVIDUAL CONVICTED OF A 17 SEXUAL OFFENSE; 18 (13) CURRENT OR PAST USE OF ALCOHOL OR ILLEGAL DRUGS, EXCEPT 19 AN INDIVIDUAL ASSESSED BY SHELTER STAFF AS A THREAT TO THE HEALTH, 20 SAFETY, OR PROPERTY OF OTHERS; OR 21 (14) LACK OF VALID IDENTIFICATION. 22 6–1406. 23 (A) FOR CAUSE, THE DEPARTMENT MAY DENY, SUSPEND, OR REVOKE A 24 HOMELESS SHELTER CERTIFICATION ISSUED UNDER THIS SUBTITLE. 25 8 HOUSE BILL 93 (B) GROUNDS FOR DENIAL, SUSPENSION, OR REVOCATION INCLUDE: 1 (1) VIOLATION OF THIS SUBTITLE; 2 (2) VIOLATION OF A REGULATION ADOPTED UNDER THIS SUBTITLE; 3 (3) MISREPRESENTATION TO THE DEPARTMENT; AND 4 (4) SUBMISSION OF A FALSE STATEMENT ON A CERTIFICATION 5 APPLICATION. 6 (C) THE DEPARTMENT SHALL SET FORTH IN WRITING ITS REASONS FOR 7 DENIAL, SUSPENSION, OR REVOCATION. 8 (D) TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE GOVERNS 9 THE APPEAL OF A DENIAL, REVOCATION, OR SUSPENSION. 10 6–1407. 11 (A) THE DEPARTMENT SHALL ADOPT REGULATIONS TO CARRY OUT THIS 12 SUBTITLE. 13 (B) HOMELESS SHELTERS SHALL HAVE NOT LESS THAN 12 MONTHS FROM 14 THE DATE REGULATIONS ARE ADOPTED UNDER THIS SUBTITLE TO COMPLY WITH 15 THE REGULATIONS. 16 (C) THE SECRETARY, OR THE SECRETARY’S DESIGNEE, MAY ALLOW 17 EXTENSIONS OF THE DEADLINE FOR A HOMELESS SHELTER TO COMPLY WITH THE 18 REQUIREMENTS OF THIS SUBTITLE OR REGULATIONS ADOPTED UNDER THIS 19 SUBTITLE ON A CASE–BY–CASE BASIS: 20 (1) FOR GOOD CAUSE; AND 21 (2) IF THE DEPARTMENT HAS RECEIVED EVIDENCE THAT THE 22 HOMELESS SHELTER IS ENGAGED IN A CORRECTIVE ACTION PLAN AND MAKING 23 ADEQUATE PROGRESS IN ADDRESSING NONCOMPLIANCE. 24 6–1408. 25 (A) IN ADDITION TO THE PENALTIES PROVIDED IN § 6–1406 OF THIS 26 SUBTITLE, A PERSON THAT OPERATES A HOMELESS SHELTER WITHOUT A 27 CERTIFICATION OR IN VIOLATION OF REGULATIONS ADOPTED UNDER THIS 28 HOUSE BILL 93 9 SUBTITLE IS SUBJECT TO AN ADMINISTRATIVE PENALTY NOT TO EXCEED $10,000 1 FOR EACH VIOLATION. 2 (B) IN SETTING THE AMOUNT OF AN ADMINISTRATIVE PENALTY UNDER THIS 3 SECTION, THE DEPARTMENT SHALL CONSIDER FACTORS INCLUDING THE NATURE, 4 NUMBER, AND SERIOUSNESS OF THE VIOLATIONS. 5 (C) IF AN ADMINISTRATIVE PENALTY IS IMPOSED UNDER THIS SECTION, 6 THE DEPARTMENT SHALL ISSUE AN ORDER THAT STATES: 7 (1) THE BASIS ON WHICH THE ORDER IS MADE; 8 (2) THE AMOUNT OF THE ADMINISTRATIVE PENALTY IMPOSED; AND 9 (3) THE MANNER IN WHICH THE AMOUNT OF THE PENALTY WAS 10 CALCULATED. 11 (D) A PERSON SUBJECT TO AN ORDER IMPOSING AN ADMINISTRATIVE 12 PENALTY UNDER THIS SECTION SHALL HAVE THE RIGHT TO APPEAL THE ORDER IN 13 ACCORDANCE WITH TITLE 10, SUBTITLE 5 OF THE STATE GOVERNMENT ARTICLE. 14 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 15 1, 2025. 16